D.P.SINGH, J. - (1.) BOTH the appellants stand convicted for the offences punishable under Sections 304 and 323 of the Indian Penal Code and sentenced to serve rigorous imprisonment for seven years and three months each respectively, by the Additional Sessions Judge, Latehar in Sessions Trial No. 521 of 1996.
(2.) BRIEF facts leading to this appeal are that informant Shashi Bhushan Rai has gone to village Rajdanda in search of PW 1 Rajkumari Harijan, who was required for certain jobs as labour in the morning of 6.3.1996, when appellants assaulted him with fist, slaps and lathi. The incident was seen by villagers. Thereafter, the brother of informant Vidhya Bhushan Rai (PW 6) reached at the place of occurrence and brought his brother for treatment at Mahuadar Referral Hospital. The police was informed which arrived at the hospital and recorded the Jardbeyan of the deceased at 10.00 a.m., on the basis of which Mahudar Police Station Case No. 5 of 1996 under Sections 341, 342, 323 and 325 of the Indian Penal Code was registered against the appellants. The informant was referred to RIMS for better treatment where he breathed his last. The police after investigation of the case submitted charge -sheet against the appellants mentioned in the fardbeyan as well as under Sec. 304 of the Indian Penal Code. The trial of the appellants was committed to the Court of Sessions where they are charged on 22.8.1998 to face trial. The appellants pleaded not guilty and claimed false prosecution. However, the learned trial Court after examining the witnesses found and held both of them guilty under Sections 304 and 323 of the Indian Penal Code and sentenced them to serve as aforesaid.
(3.) THE present appeal has been preferred mainly on the grounds that the witnesses have not supported the prosecution case. It is also asserted that during trial, all witnesses have turned hostile except PW 3 who admittedly has not seen the occurrence. It is also asserted that even the medical evidence does not support any injury likely to cause death.;